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2018 Supreme(Ker) 933

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
Ramaswamy S/o. Anantha Padmanabhan & Ors. - Petitioners
Versus
Union of India & Ors. - Respondents
W.P.(C) Nos.36560, 36569 & 37563 of 2018
Decided On : 03-12-2018

Advocates Appeared:
For the Petitioners: Advs. Smt. M.A. Zohra & Smt. K.K. Razia.
For the Respondents: Sri. Saigi Jacob Palatty, Sr. Govt. Pleader Sri. Thomas Antony, SC, Nhai, Sri. Sharath Narayan Nambiar, Sri. Krishnadas. P. Nair, CGC Sri. Suvin R. Menon, CGC, Kum. S. Krishna, CGC.

Important points
In order to bring a person in the status of `an aggrieved person` it must be shown that in spite of the fact that he is not a party to the suit or decree, he would stand bound by the decree like in the case of pendente lite transferee, a person holding estate (subject matter of suit) in common with a party to the suit, a person otherwise bound by the decree with respect to any estate substantially represented in the suit, in a representative suit under Order 1 Rule 8 CPC, property held by and represented through a trustee or a suit relating to the property of perpetual minor, religious congregation etc.
The test available to find out `an aggrieved person` for the purpose of enabling a right of appeal lies on the question whether he is bound by the decree in spite of his non inclusion as a party to the lis-In the instant case, the appellants are not litigating under any of the persons/parties to the lis. No case of common interest or common estate with any of the parties to the lis was brought up or let in.

Headnote:National Highways Act, 1956- Sec.3G(5) - The remedy of the aggrieved party is to approach the arbitrator appointed by the Central Government as envisaged in that section and further that it is mandated by sub section 6 of Sec. 3G - Sec.3G(6); The Arbitration and Conciliation Act, 1996 under Sec.34 of before the District Court is prescribed in Sec. 34(3), - The period of limitation for filing an application under Sec.34 of the Arbitration and Conciliation Act, 1996 before the District Court is prescribed in Sec. 34(3); The Constitution of India- Article 226.

       Statements of Facts:

       The petitioner is the owner of 16.30 Ares of property acquired vide LAC No.12/2013 on the basis of Ext.P4 orders. The lands of these petitioners have been acquired by the respondents in accordance with the provisions contained in National Highways Act, 1956. Ext.P-2 is the copy of the respective awards passed in each of these land acquisition cases by the 2nd respondent competent authority in terms of the provisions contained in the above said Act. The petitioner's contended that the award does not reflect the correct compensation benefits payable to the petitioners more so particularly in the light of Ext.P-1 minutes of the District Level Purchase Committee wherein the 4th respondent District Collector and 3rd respondent Project Director, NHAI, certain other officials concerned and the petitioner are all signatories to the minutes of said meeting. Thereupon the petitioners had challenged impugned Ext.P-2 award by setting in motion arbitral proceedings as envisaged in Sec. 3G(5) of the National Highways Act, 1956 r/w the provisions contained in the Arbitration and Conciliation Act, 1996. The matter was referred to the competent Arbitrator, The 4th respondent District Collector, Thiruvananthapuram who has rendered Ext.P-3 arbitral award on 19.7.2017 in all these 3 cases. Thereafter the petitioners had not taken any steps to challenge Ext.P-3 arbitral award in terms of specific remedy conceived as per Sec.34 of the Arbitration and Conciliation Act, 1996.

       Finding of the Court:

       If the party is not in a position to file the application under Sec.34 either within the period of limitation or within the maximum extendable of period of limitation as envisaged in the proviso to Sec.34(3), then the application in that regard is time barred. In such a case, where the aggrieved party does not invoke the remedy under Sec.34, he cannot be permitted to approach this Court under Article 226 of the Constitution of India on the plea of hostile discrimination, which plea could have been validly pressed into service by him under Sec.34 proceedings before the District Court-It will not be right and proper to exercise the extra ordinary constitutional discretion conferred under Article 226 of the Constitution of India

       Result : The Writ Petition (Civil) is Dismissed.

JUDGMENT :

1. The prayers in the WP(C).No.36560 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioners also for their 16.30 Ares of property acquired vide LAC No.12/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of their rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings. ”

2. The prayers in the WP(C).No.36569 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioner also for her 8.51(5.99+2.52) Ares of property acquired vide LAC No.175 & 176/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal, unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of their rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings. ”

3. The prayers in the WP(C).No.37563 of 2018 are as follows.

“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd and 4th respondents to grant the benefit of enhanced compensation to the petitioners also for her 2 Ares of property acquired vide LAC No.151/2013 on the basis of Ext.P4 orders and as requested in Ext.P5 representation and to disburse the same accordingly in the interest of justice;

ii. To issue a writ of certiorari or any other writ, order or direction quashing the applicability of Ext.P3 award in granting enhanced compensation to the petitioner at 15% excess alone as being arbitrary, illegal unjust and two meagre while considering the amount granted in Ext.P4 award and direct the respondents 2 to 4 to grant the same compensation envisaged in Ext.P4 to the petitioners also without infringement of her rights guaranteed under Article 14 of the Constitution and sought for vide Ext.P5 representation; and

iii. To grant such other and further reliefs deemed fit to be granted by this Honourable Court in the facts and circumstances of the above case; and

iv. To allow the costs of this proceedings.”

4. As these cases give rise to common and interrelated issues, these matters are disposed on the basis of this common judgment.

5. The lands of these petitioners have been acquired by the respondents in accordance with the provisions contained in National Highways Act, 1956. Ext.P-2 is the copy of the respective awards passed in each of these land acquisition cases by the 2nd respondent competent authority in terms of the provisions contained in the above said Act














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